A.
Any person who is arrested for a violation of the provisions of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition can be monitored until the person is no longer a danger to himself or others.
B.
The person shall be released from the protective custody when that person is no longer a danger to himself or others.
C.
There shall be a presumption that the person is no longer a danger to himself or others when the person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired.
D.
In no event shall the person be held in protective custody for a period of longer than eight hours without being provided an appropriate hearing.
E.
Notwithstanding the above, and provided that it is not a detriment to the public safety, the arresting law enforcement agency may, because of the age, health or safety of the arrested person, release the person pursuant to the provisions of P.L. 2001, c. 69 (N.J.S.A. 39:4-50.22 et seq.) or provide an appropriate alternative to protective custody.
F.
As provided by New Jersey state statute, the Borough shall not be liable if a person is released from custody pursuant to the provisions of this section and the enabling state statute. (N.J.S.A. 40:48-1.3; New)